Claims based on unconscionable conduct or unjust enrichment may be summarily dismissed under SCR Pt 13 r 5 where there is no prima facie evidence to support them; the view in Commercial Banking Co of Sydney Ltd v Pollard that such claims are inherently unsuitable for summary determination is no longer good law following Hogan v Howard Finance Ltd. An unfulfilled condition precedent to an oral agreement for sale of land (such as Board approval, payment of arrears, and deposit of funds) precludes enforcement of the agreement and undermines any claim for reliance-based relief.
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